The judge who will be presiding over the high-profile W. R. Grace trial made a shocking comment last week when he stated that “there are no crime victims identifiable” in the asbestos-disease stricken town of Libby, Montana.
Judge Donald Molloy, a Montana native who is known as a “tough” arbitrator, made the comment in a courtroom in front of several Libby residents, many of which are suffering from an asbestos-related illness or have lost a loved one to asbestosis, lung cancer or mesothelioma.
Libby has been declared a Superfund site by the Environmental Protection Agency (EPA) and is in need of ongoing decontamination. Over 400 residents have passed away as a result of an asbestos-caused ailment, and countless other residents continue to be diagnosed. Despite this, Judge Molloy stands by his statement, saying that “a crime victim means a person directly and proximately harmed as a result of the commission of a federal offense” and that those who have developed an asbestos-related illness in Libby are “not victims of a crime.”
Dr. Brad Black, who works at a clinic for asbestos disease sufferers in Libby, called Judge Molloy’s statement “outrageous” and has extended an invitation to the judge to “come see the unbelievable suffering” in Libby as a result of irresponsible and “criminal” actions on the part of the now-defunct W. R. Grace corporation.
“For decades, that company showered Libby with a slow poison, delivered with a full knowledge that the asbestos would sicken or kill a large percentage of our population. If that’s not a crime,” stated Black, “and these people aren’t victims, I don’t know what is.”
Judge Molloy also made a controversial decision to exclude witnesses from Libby from the trial, claiming that witness testimony would be “materially altered” if witnesses were permitted to sit in the courtroom and listen to other witness testimonies before delivering their own.
For Libby residents who have lost a loved one, friend, or neighbor to an asbestos-caused disease, their right to attend the W. R. Grace trial has essentially been revoked, according to an attorney who specializes in victim’s rights. The attorney, Paul Cassell, along with the federal government, requested that Judge Molloy allow witnesses to attend the trial.
In 1997, the Crime Victim’s Rights Act was passed by Congress in response to several victims and survivors of the Oklahoma City bombing were forced out of the courtroom during the related trial. According to Cassell, the victims of W. R. Grace’s negligence fall under this act and should be permitted to attend the courtroom proceedings.
Molloy denied Cassell’s request on Friday the 13th. Cassell plans to appeal the denial.
W. R. Grace, who operated a vermiculite mine in the small mountain town of Libby, was indicted about four years ago. Seven company executives faced charges, including one who has died since the initial indictment. At least two witnesses for the prosecution have died of an asbestos-caused illness in recent years.
Funding for health clinics in Libby where asbestos-disease sufferers receive screenings and medical treatment are running low, and due to budget constraints in the state of Montana, these services may be cut altogether, according to local officials.
It has also been noted that Judge Molloy is a former member of the United States Navy. Navy veterans are considered to be at an increased risk of developing mesothelioma and other asbestos-caused illnesses as a result of asbestos exposure on naval ships.
